SD · Civil Rights & Disputes

Civil Rights & Disputes in South Dakota

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key South Dakota Law

South Dakota Human Relations Act — SDCL Chapter 20-13

South Dakota's Human Relations Act prohibits discrimination in employment and public accommodations based on race, color, creed, religion, sex, ancestry, disability, and national origin.

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Procedural Details in South Dakota

South Dakota's Division of Human Rights investigates discrimination complaints. Complaints must be filed within 180 days of the discriminatory act. South Dakota covers employers with 1 or more employees for disability discrimination and larger thresholds for other classes. South Dakota does not have explicit protections for sexual orientation, gender identity, or age in the state civil rights law (age claims rely on the federal ADEA). South Dakota does not have an anti-SLAPP statute. The defamation statute of limitations in South Dakota is two years under SDCL 15-2-15. South Dakota courts apply the zone-of-danger test for negligent infliction of emotional distress.

South Dakota Agencies & Resources

South Dakota Division of Human Rights

State agency investigating discrimination complaints under the South Dakota Human Relations Act.

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EEOC Minneapolis Area Office (SD)

Federal agency handling employment discrimination charges for South Dakota workers.

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State Bar of South Dakota — Lawyer Referral

Referral service for civil rights attorneys in South Dakota.

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Frequently Asked Questions

Does South Dakota's civil rights law cover age discrimination?

South Dakota's Human Relations Act does not include age as a protected class. Workers 40 and older must rely on the federal Age Discrimination in Employment Act (ADEA).

How long do I have to file a discrimination complaint in South Dakota?

Complaints must be filed with South Dakota's Division of Human Rights within 180 days of the discriminatory act.

Does South Dakota have an anti-SLAPP statute?

No. South Dakota does not have an anti-SLAPP statute. Defamation defendants rely on standard dispositive motions.

What is the defamation statute of limitations in South Dakota?

Defamation claims in South Dakota must be filed within two years under SDCL 15-2-15.

Related Civil Rights & Disputes Scenarios

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026